Not only are California DUI charges severe, but they can be extremely upsetting and stressful. If the police have arrested you for driving under the influence in Boulder Oaks, you are likely concerned about what will happen to your vehicle, license, and record. However, you need to snap out of it and act quickly to prove your innocence because time is of the essence. You want to hire the right lawyer to assist you in navigating the DUI process and developing a solid defense strategy.
What Is DUI In Boulder Oaks?
California, as a state, enforces stringent DUI statutes to prevent impaired vehicle operation and safeguard public safety. These laws are described under the state’s Vehicle Code, and particular blood alcohol content (BAC) limits are set for various driver categories. DUI under California law is described as operating an auto while impaired by drugs or alcohol, or with a blood alcohol content above the stipulated limit.
Currently, the blood alcohol content limits are as follows:
- .08 percent or higher for general motorists
- .04 percent or more for commercial drivers
- .01 percent or higher or .05 percent or more for underage drivers
As a driver, you can be accused of driving under the influence even if your BAC is below these limits if the arresting police officer deems you impaired. Being impaired means being incapable of operating a car as carefully as any sober individual would under the circumstances, irrespective of your blood alcohol content level.
Authorities can rely on BAC tests and other impairment signs to determine a DUI incident. Police officers utilize methods like the following:
- FSTs (field sobriety tests). Evaluate cognitive and physical impairment
- Blood tests. Determine drug and BAC presence
- Breath tests. Post-arrest and PAS (Preliminary alcohol screening) tests.
The state’s implied consent law mandates that motorists arrested for driving under the influence must agree to undergo testing to establish the BAC. Refusal can lead to a lengthy suspension of your driver’s license and other penalties.
Steps In a Boulder Oaks DUI Case
Many individuals facing DUI for their first time understand little about the legal process and what to expect next. Some DUI arrestees have never dealt with the criminal justice system and may feel scared regarding how the situation may impact their lives. Although every case has special facts and varying possible defense strategies, the DUI legal process remains significantly unchanged. The following are the steps of a typical Boulder Oaks DUI process:
The Investigation
An investigation for a DUI case in Boulder Oaks can begin in any of these four ways:
- A police officer stops you contingent on an obvious fault with your vehicle
- A law enforcement officer responds to a car accident scene
- A police officer pulls you over for a suspected traffic violation or for reasonably suspecting that you may be drug or alcohol impaired
- A police officer stops you after randomly pointing out your car while you are driving through a checkpoint
Whether the officer stopped you at a DUI checkpoint, for a fault with your car, or for supposedly committing a traffic violation, their investigation will start when they move closer to your vehicle. Law enforcement officers have undergone training to detect impairment signs. They include the following:
- Drug or alcohol odor in your car or breath
- Slurred speech
- Disheveled appearance
- Watery or bloodshot eyes
- Clumsy or slowed movement
The officer may then ask whether you have been drinking. Then, they may need you to move out of the car and take FSTs. Note that it is not a must for you to take FSTs. But if you take them, the police officer will record your performance when compiling a police report.
The arresting officer may also request that you undergo a breathalyzer test. Like FSTs, submitting to a roadside breathalyzer test is not mandatory. But if you are an underage driver or on probation for DUI, you must take this test.
Using what they have observed of you, your FSTs results, driving, and breathalyzer test results, the police will form probable cause to place you under arrest for driving while intoxicated. If the breathalyzer test results read 0%, the police officer may call a DRE (drug recognition expert). A DRE has undergone further training to detect drug impairment signs and conduct further tests.
When the roadside investigation ends, the officer may take you in for supposedly violating 23152 VC by driving while intoxicated with drugs or alcohol.
Post-Arrest Tests
After being arrested for suspected DUI, the officer will transport you to jail, hospital, or police station for a blood or breath test to determine your BAC. The breath test results are available immediately. When it comes to blood testing, the blood samples must be taken to the laboratory for analysis. Therefore, the results may take a longer period to come out.
If your blood or breath test results show a blood alcohol content of more than .08 percent, the prosecution will likely charge you with both DUI and per se DUI under VC 23152a and 23152(b). If the BAC test results are lower than .08 percent, the officer may need you to do a urine or blood test to build evidence of your intoxication.
While you need not submit to FSTs, you must agree to chemical testing post-arrest. Failure to take the tests can result in chemical test refusal charges. The police may hold you overnight or release you after being charged. While still in detention, the arresting officer will inform you about your license being suspended for thirty days and issue you a temporary one (pink slip).
To be released from custody pretrial, the officer or judge will ask you to sign documentation agreeing to attend court. This is called O.R. release. Or, based on the case facts or your record, you may have to pay bail to leave jail. The arresting officer will then forward their report of your arrest to the prosecution.
Administrative Hearing
After an arrest for DUI, the police will notify the Department of Motor Vehicles (DMV) about your charges. You will be subject to a thirty-day driver’s license suspension unless you request an administrative proceeding within ten days of being arrested to block the suspension. The hearing may occur by telephone or in person.
When you request a DMV proceeding, the hearing officer will postpone your license’s suspension until after the hearing takes place and they have made their decision. You will not face the initial thirty-day license suspension if your lawyer wins at the DMV hearing. But your license could still undergo suspension if the judge later convicts you of DUI.
During the DMV proceedings, the administrative hearing officer in charge will look at various factors, including whether the arresting officer made a legal arrest. They will also review your blood alcohol content and establish whether the police possessed reasonable suspicion to stop you and probable cause to place you under arrest. Your attorney can fight for you during your DMV proceedings.
The DMV proceeding is an administrative process distinct from the DUI criminal court process. If you lose your DMV proceeding, you will face a license suspension for 1-3 years. This time variation is based on whether or not you have prior drunk driving convictions and complied with the arresting officer. You are more likely to prevail in your DMV proceedings if you have an attorney representing you.
DUI Arraignment
An arraignment refers to your initial court appearance. The judge will inform you of your charges during this hearing and require you to respond. You can respond with a not guilty, no contest, or guilty plea. A plea of no-contest is treated similarly to a guilty plea. During your DUI arraignment, the prosecution may also offer you a plea bargain in an effort to convince you to enter a guilty plea. However, you want to plead not guilty at this point.
When you plead not guilty, your lawyer will assess the prosecution’s reports and evidence against you. They can then contest the improperly gathered evidence and argue that the judge deems it not admissible. Your attorney can request that the prosecution turn all the evidence over. These include the breathalyzer device logs, the police report, testing processes, storage for blood samples, et cetera. Reviewing this evidence permits your attorney to bring relevant motions to strike some evidence from your case. Should you enter a guilty plea, sentencing will follow.
Plea Negotiations and Motions
When reviewing the evidence against you, your lawyer will poke holes in the prosecution’s case. Sometimes, arresting officers make mistakes when conducting a DUI stop, arrest, investigation, and tests. These mistakes can assist your lawyer in identifying the best potential defense to assert in your criminal case. Your attorney may bring several pre-trial motions, including the motion to suppress.
If, for example, the officer stopped you with no reasonable suspicion you had perpetrated a traffic violation and your driving pattern was okay, your attorney may bring a motion to suppress the stop. Should they succeed at the hearing of this motion, the judge would strike out all the evidence the officer collected against you following the stop. That would mean the prosecution will have no option but to dismiss the case.
Your lawyer may move to strike out individual evidence even when the arresting officer’s stop seems fine. Say, there was an issue with how the test administrator stored blood samples. Your lawyer may file a motion to strike off the blood testing results in this case. Your attorney may also bring a motion demanding a probable cause proceeding, known as a preliminary proceeding. This hearing permits your lawyer to contest whether the arresting officer had enough probable cause to place you under arrest.
After your attorney has finished investigating your case and brought all the relevant motions, they can negotiate with the prosecution. The prosecution may then offer a more favorable plea deal than the original offer during your arraignment.
Criminal Court Trial
Most DUI cases settle before a court trial or are dismissed after key evidence is suppressed during motion hearings. Should your case reach the trial stage, you can select whether to face a bench or jury trial. Because a jury comprises multiple people instead of only a judge, most defendants choose it rather than going the bench trial way.
The prosecution will make its opening statement during the trial, followed by your lawyer. The case begins with the prosecution calling witnesses and submitting evidence against you. When the prosecution rests, your attorney will then submit your defense. Once the defense has rested, your lawyer and the D.A. will make closing statements. Lastly, the case goes to the appointed jury. After deliberating, the jurors will give their verdict.
The prosecution bears the burden of proving your guilt. Failure to meet this burden will lead to you not being found guilty. Should you enter a guilty plea or the jury convicts you at trial, sentencing will follow.
DUI Penalties In Boulder Oaks
The consequences of DUI in Boulder Oaks are severe, even for misdemeanors, with increasing seriousness for any repeat offenders. The consequences increase with every subsequent charge to reflect the seriousness of repeat crimes and discourage future violations.
For a first-time drunk-driving offense, the consequences include the following:
- Up to six months in jail
- A court fine ranging from $390-$1,000. Including penalty assessments, it could go up to $2,000
- License suspension for six months
- Attending mandatory DUI classes
The punishment for a second offense includes:
- Higher penalties and fines
- License suspension may be for a maximum of two years
- Jail time might range anywhere between 96 hours and 12 months
- DUI education program
The penalties for a third offense include the following:
- Further increased court fines
- License suspension may go up to a maximum of three years.
- A jail term for a minimum of 120 days and a maximum of one year
- Habitual traffic offender (HTO) designation
The first, second, and third violations of DUI law are misdemeanors. DUIs can also be felonies under particular circumstances. These include having multiple past convictions, like a fourth or subsequent violation, or causing death or injury. Felony DUI consequences include the following:
- Prison sentences
- Fines may go up to $5,000 or more
- Long-term suspension of the driver’s license or DUI license revocation
- Designation as an HTO
- DUI classes
Fighting Against DUI In Boulder Oaks
There are several ways to defend yourself against a Boulder Oaks DUI charge. The ideal defense to argue is based on the case circumstances. Once your lawyer investigates your case and explores your options, they will inform you what DUI defense strategies will likely succeed. Common defenses against a DUI charge include the following:
Arguing for Police Misconduct
Law enforcement officers are mandated by law to follow particular rules when engaging citizens. There are regulations for sobriety tests, traffic stops, et cetera. Among the most prevalent mistakes is the police not reading Miranda rights. If the arresting officer does not read your Miranda rights, the court may disregard any evidence they gather from your conversation with them.
Contesting the Correctness of the Chemical Test Results
Chemical tests, like blood or breath tests, used to determine BAC levels, can be imperfect. And even if the tests work as intended, the person administering and handling them can commit mistakes that impact the results. Should anything happen with the tests that makes the validity of their results questionable, your lawyer can use that revelation as one of your defenses. Courts have dropped many DUI charges after a determination that there was an issue with chemical testing.
Proving Absence of Probable Cause for Arrest
A police officer needs a legitimate reason to perform a traffic stop and probable cause to make an arrest. The law prohibits them from stopping a person simply because they feel like it. They need valid, tangible reasons like missing lights, erratic driving, etc. If a police officer arrested you for DUI after conducting an unlawful stop, it may lead to your charges being dropped.
Arguing That Symptoms of Intoxication Do Not Translate to DUI
Physical appearance plays a significant role in DUI investigations. The arresting officer will testify that you were intoxicated due to having:
- Slurred speech
- Red, watery eyes
- An unsteady gait
- A flushed face
- The strong alcoholic odor on your breath
Coincidentally, all of these objective symptoms and signs of intoxication appear on a preprinted DUI arrest form known as Form 5.2.5. Law enforcement officers use this form, and they can merely check off that you exhibited these symptoms without elaborating further.
Your lawyer can assert this defense by explaining the innocent reasons that may have resulted in those symptoms. For example, a cold, allergies, eye irritation, and fatigue are prevalent causes of red eyes.
Contact a Qualified Boulder Oaks DUI Defense Attorney Near Me
Facing DUI charges can be an overwhelming experience. However, you can beat them with expert legal guidance and support. A DUI defense lawyer can assist you in navigating the intricacies of your case, protect your rights, and work towards obtaining the most favorable outcome.
At San Diego DUI Attorney, we can mitigate the severe, long-lasting repercussions of a DUI conviction. Not only that. We can assist you in regaining control of your life, protecting your future, and providing the necessary resources to prevent repeat offenses. If you are charged in Boulder Oaks, CA, call us today at 619-535-7150 to set up a complimentary consultation and share your case details with one of our DUI attorneys.
